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(영문) 인천지방법원 2019.09.20 2019고정1456
아동학대범죄의처벌등에관한특례법위반(보호처분등의불이행)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 10, 2018, the Defendant received a provisional protection order from the Michuhol-gu Incheon Family Court to prohibit access within 100 meters from “Incheon-gu C and Ho-ho, which is the residence of the victim B, a child.”

Nevertheless, around 08:40 on October 25, 2018, the Defendant accessed the entrance of the victim's residence within 100 meters from the victim's residence.

Accordingly, the defendant did not comply with the provisional protection order issued by the court.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of statutes on an ad hoc detention order and a copy of an ad hoc detention order;

1. Article 59 (1) 3 and Article 52 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes and the Punishment, etc. of Child Abuse Crimes; Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant did not comply with the provisional protection order against the victim even though he received the temporary protection order, and the victim complained of considerable anxiety and mental suffering due to the defendant's crime, the defendant has no record of being punished for the same crime, and the defendant has no record of being punished for the same crime, and all of the sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime

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